Queensland Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 2011 No. 41 - SECT 41

Section 190—

omit, insert—

'(1) This section applies if a disciplinary proceeding is taken against a registered provider for a matter because of a health complaint or an inquiry matter and the proceeding is before a disciplinary body.

'(2) The commission may intervene in the disciplinary proceeding at any time.

'(3) On intervention, the commission becomes a party to the disciplinary proceeding.

'(4) If the commission intervenes in a disciplinary proceeding before QCAT, the commission may be represented by a lawyer or another person.

'(5) If the commission intervenes in a disciplinary proceeding before a State board or a professional conduct review panel, the commission may nominate a person, other than a lawyer, to appear in the disciplinary proceeding on behalf of the commission.

'(6) The commission may intervene in an appeal against a decision of a disciplinary body made in a disciplinary proceeding.

'(7) On intervention in the appeal, the commission becomes a party to the appeal.

'(8) In this section—

disciplinary proceeding means disciplinary proceedings under the Health Practitioners (Professional Standards) Act 1999.

registered provider means a person registered by a State board.

'(1) This section applies to a disciplinary proceeding taken against a registered provider if—

(a) the disciplinary proceeding is before a disciplinary body; and

(b) the disciplinary proceeding is in relation to a health complaint.

'(2) The commission may intervene in the disciplinary proceeding at any time.

'(3) On intervention, the commission becomes a party to the disciplinary proceeding.

'(4) If the commission intervenes in a disciplinary proceeding before QCAT, the commission may be represented by a lawyer or another person.

'(5) If the commission intervenes in a disciplinary proceeding before a performance and professional standards panel, the commission may be represented by a lawyer or another person only with the leave of the panel.

'(6) In this section—

disciplinary proceeding means any of the following—

(a) the hearing of a matter by a performance and professional standards panel;

(b) a proceeding before QCAT for a matter referred to QCAT under the Health Practitioner Regulation National Law (Queensland), section 193;

(c) an appeal before QCAT of an appellable decision under the Health Practitioner Regulation National Law (Queensland), section 199.

registered provider means a person registered by a national board.'.